Sunday, January 31, 2010

As Sebastian notes, a measure to close the "gun show loophole" failed in the House Militia, Police and Public Safety Subcommittee. Though this was not the only legislation trying to shut down private sales at gun shows, it likely means that the effort is dead this year.

HB1234, the bill that was voted down, and SB595, its Senate companion, have a very broad definition of "firearms show vendor" that included anyone who sold any firearm at a gun show, including in the parking lot outside. This was likely prompted by the 20/20 segment where Omar Samaha was able to buy a gun in a gun show parking lot. Good riddance.

However, HB520 is still sitting in the same subcommittee. It requires anyone who arranges for a fixed location from which to sell, transfer, or exchange firearms at a gun show to have a Federal Firearms License (FFL). This isn't a sea change - I'm pretty sure most people with booths have FFL's already. However, it requires anyone who sells three or more firearms, regardless of having a booth or not, to have an FFL. While I think that the gun show push is an uphill one, this bill has an incrementalist approach that gun rights supporters need to watch out for.

Wednesday, January 27, 2010

One of the proposed bills (HB 106) in the Virginia legislature repeals both the restaurant carry ban and the ban on carrying a concealed handgun at a house of worship where services are occurring "without good and sufficient reason."

When I teach my legal seminars, I am up front about the church carry ban. I have no idea what constitutes a "good and sufficient reason." Neither does anybody else.

I strongly suspect that this is a variation of the "Black Codes" that Uncle and Thirdpower are highlighting. The Black Codes kept Blacks disarmed in the South after Reconstruction faded away. Georgia was one of the first states to offer a handgun carry permit - an excellent way to restrict who was carrying based on race. Bans on carrying to church grew out of the fact that once Blacks had guns, the Klan wanted a place where Blacks could be assembled and disarmed.

I've wanted to find the legislative history on this statute for a while and write a law review article on how its discriminatory nature makes it unconstitutional. I'd be happy if they just repealed it instead.

With a gun freedom-friendly governor in office and a bevy of gun bills (both good and bad) this year promises to be an interesting one in Virginia gun legislation. The Virginia Citizens Defense League (VCDL) has a handy legislation tracker here.

Indiana has a bill pending that would allow employees to keep a firearm in their car on the employer's parking lot. Caleb has the rundown with some relevant links from Oklahoma, Florida, and the Department of Labor.

Monday, January 11, 2010

Tam has a post up on the somewhat goofy terminology statutes use to define explosives. A man in Arkansas set off a car bomb and was charged with use of a "weapon of mass destruction." Same with the Undie-Bomber. No nukes involved in either case.

I'll give you one better. North Carolina defines a litany of things as a "weapon of mass destruction" - including short-barreled rifles and shotguns. It's not a post-9/11 development, either. Here's a pre-9/11 case interpreting the statute on appeal.

Yes, you read that right. An open carrier in Georgia gets attacked by a security guard at a big box store. The OC'er promptly knocked out the guard and the cops show. Reading through the posts (so you don't have to) the OC'er won't be charged with anything.

About Me

I am a former Special Forces soldier, International Defensive Pistol Association Master-Class competitor, and an attorney in Virginia. I teach NRA certified handgun courses and specialized concealed carry courses on the side. This blog focuses on lawfully carrying a concealed handgun, pistol competition (IDPA and
USPSA) and the legal aspects of self-defense. The views expressed on this blog are solely those of the author.

DISCLAIMER:I am not your lawyer. You are not my client. The information provided on this blog is for informational purposes only.Readers agree to hold harmless the author of this blog and Defensive Force Instructors, LLC.